§ 50-D — Municipal liability for malpractice of certain physicians, resident physicians, internes, dentists, podiatrists and optometrists in publi...

§ 50-d. Municipal liability for malpractice of certain physicians,\nresident physicians, internes, dentists, podiatrists and optometrists in\npublic institutions. 1. Notwithstanding any inconsistent provision of\nlaw, general, special or local, or limitation contained in the\nprovisions of any city charter, every municipal corporation shall be\nliable for, and shall assume the liability, to the extent that it shall\nsave him harmless, of any resident physician, physician, interne,\ndentist, podiatrist or optometrist rendering medical, dental, podiatry\nor optometry services of any kind to a person without receiving\ncompensation from such person in a public institution maintained in\nwhole or in part by the municipal corporation, or in the course of a\nhome care service maintained by such public institution, for damages for\npersonal injuries alleged to have been sustained by such person by\nreason of the malpractice of such resident physician, physician,\ninterne, dentist, podiatrist or optometrist while engaged in the\nrendition of such services. Every such resident physician, physician,\ninterne, dentist, podiatrist or optometrist for the purpose of this\nsection, shall be deemed an employee of the municipal corporation\nnotwithstanding that the municipal corporation derived no special\nbenefit in its corporate capacity.\n 2. No action shall be maintained under this section against such\nmunicipality, resident physician, physician, interne, dentist,\npodiatrist or optometrist unless a notice of claim shall have been made\nand served in compliance with section fifty-e of this chapter. Every\nsuch action shall be commenced pursuant to the provisions of section\nfifty-i of this chapter.\n 3. The provisions of this section shall not apply to the city of New\nYork.\n